attorney-for-kaepernick-reid-has-been-oddly-quiet-now-we-know-why

by Broderick Mertz 8 min read

Who will hear the case?

The NFL and the NFLPA must agree on an independent arbitrator. Since 2011, Stephen B. Burbank (a Penn Law professor) has been the NFL’s system arbitrator, and has presided over high-profile issues in the past.

How will Reid prove collusion?

The complaining party shall bear the burden of demonstrating by a clear preponderance of the evidence that (1) the challenged conduct was or is in violation of Section 1 of this Article (No Club, its employees or agents shall enter into any agreement, express or implied, with the NFL or any other Club, its employees or agents to restrict or limit individual Club decision-making) and (2) caused any economic injury to such player (s)..

Would being asked to stand for the national anthem prove collusion?

Miller noted that private associations, private entities, and teams in a private league can set rules. “And if the owner or the head coach says, ‘Everybody must stand for the national anthem,’ that is enforceable,” he said.

Has anybody ever won a collusion case in the past?

Collusion cases are rare in the NFL, and have never been won by the player. But they have in Major League Baseball:

How does this relate to Kaepernick? Does it help Reid, and vice versa?

Reid and Kaepernick are both being represented by Los Angeles criminal defense attorney Mark Geragos, who Miller called “one of the best lawyers in the country.”

Does the NFL have any kind of advantage over other workplaces when it comes to a collusion case?

It does. Miller points to the collective bargaining agreement, which he says gives “enormous power to the league.”

What does Reid get if he wins?

No team can be forced to sign Reid, but in Article 17.9 of the CBA, a first time offense of collusion would be “two times the amount of compensatory damages.” Last season, Reid made $5.6 million with the 49ers. But the league cannot force a team to sign Reid.

Summary

The Trump insurrection is ongoing. Trump reportedly believes he will be reinstated. During his four years in the White House, Donald Trump waged an all-out assault on the rule of law. While the DOJ rifling through journalists` phone records is a flagrant attack on the free press, what they were reportedly looking for is just as troubling.

Transcript

ARI MELBER, MSNBC HOS: Again, our thanks to Sheryl Crow for telling us about her music and her work.